Title 12, Public Property, Printing And Contracts

For the purpose of this part, any contracting provider that does not adopt the uniform classification of accounts, or other acceptable accounting methods as shall be established by the department of health, in consultation with the comptroller of the treasury and the Tennessee Ho…

The department of health, in consultation with the comptroller of the treasury, may require that figures submitted by the health care provider be certified by the administrator of the provider and by a licensed public accountant or certified public accountant. The final authority…

All forms for reporting figures by health care providers shall be designed and specified by the department of health, in consultation with the comptroller of the treasury and the state departments purchasing health care services and the Tennessee Hospital Association. All provide…

The comptroller of the treasury is empowered and has the right and privilege to audit any contracting health care provider to verify statements and data submitted by the provider; provided, that all legal aids granted to the comptroller of the treasury elsewhere, by law, are expr…

(a) (1) The department of mental health and substance abuse services shall, by rule, establish a pilot program to reimburse licensed supportive living facilities for the mentally ill, as defined by departmental rules, in those counties having a population according to the 1980 fe…

This part shall be known and may be cited as the “Prevailing Wage Act for State Highway Construction Projects.”

(1) As used in this part, unless the context otherwise requires:(1) “Commission” means the prevailing wage commission;(2) “Highway contractor” means any contractor, subcontractor, person, firm, or corporation engaged in a state construction project for the purpose of building, re…

(a) It is hereby declared to be the policy of this state that the prevailing wage rate be determined by the defined standards and that such rate be paid to workers on all state highway construction projects and all non-state contract construction projects on public highways that …

(a) There shall be a prevailing wage commission composed of five (5) members, including the commissioner of labor and workforce development or the commissioner's designee, who shall serve as chair, the state architect, and the commissioner of transportation or the commissioner's …

(1) For purposes of this part, the prevailing wage rate shall be determined as follows:(1) Every highway contractor, as herein defined, in this state, shall have the right to certify, on contracts entered into, to the commission, on or before October 31 in each year that a determ…

(a) The commission shall conduct a public hearing within ten (10) days of the notice required in § 12-4-405. At such public hearing, the commission shall present the documentation provided for in this part other than payroll records, and any other facts upon which the prevailing …

Before advertising for bids or entering into any contract for a state highway construction project, every state agency under whose jurisdiction such work is to be performed shall ascertain from the commission prevailing wage rates for all classifications as herein provided in the…

After the prevailing wage determination has been made by the commission, the same shall be furnished to all state agencies which may be charged with the responsibility of entering into any state contract, and shall specify what wage rates shall be paid on all classifications of w…

In all cases where any state agency awards a contract for any state highway construction project under this part, the bond of the highway contractor or subcontractor shall contain a provision obligating such highway contractor or subcontractor to a faithful performance of each an…

Each highway contractor and subcontractor subject to this part shall post and keep posted in a conspicuous place at the site of the construction work a copy of the prevailing wage rates prescribed in the state contract.

(a) Any person, highway contractor, firm or corporation who may enter into any state contract shall furnish to the state agency entering into such contractual agreement any necessary forms, papers, payroll copies or any other information that may be required of any such person, h…

The commission or any employee of any highway contractor or subcontractor whose wages are determined pursuant to this part may maintain an action against any highway contractor or subcontractor for the breach of any condition of any performance bond given under this part, and, in…

The commission may delegate administrative responsibilities conferred hereunder to the department of labor and workforce development.

All records and documentation provided for in this part, other than payroll records, shall be made available for public inspection by the commission and the department of labor and workforce development during normal business hours.

The commission may promulgate such rules and regulations, neither inconsistent nor contradictory with this part, which it deems necessary to effectuate this part.

This part shall be known as the “State Construction Projects Liability Act of 1977.”

(1) As used in this part, unless the context otherwise requires:(1) “Acceptance” means notification by an authorized officer or employee of the state that the work completed has been in accordance with the terms and conditions of the state contract;(2) “State” means the state of …

Upon acceptance by the state of a state contractor's work, provided that such state contractor's work is done in accordance with the plans and specifications, such state contractor is discharged from all liability to any party by reason of its lack of ordinary care in the perform…

As used in this part, “other state entities” includes counties, cities, municipalities, and any other political subdivision of this state.

(a) “Employment on any contract” means to perform services or provide materials to the state or subcontract to perform such services or provide such materials. (b) It is unlawful for the following persons and business organizations to solicit employment on any contract let by the…

It is the responsibility of the attorney general and reporter to timely notify those state departments, agencies and other entities involved in letting or funding state or other state entity contracts of those persons and business organizations ineligible to solicit employment on…

An intentional violation of this part is a Class E felony.

No person or business organization shall be prohibited by this part from soliciting employment on any contract let by the state or by other state entities or any contract funded wholly or in part by the state or by other state entities due to a conviction resulting from activitie…

The attorney general and reporter and the district attorneys general in their respective districts have the authority to grant exemptions from the prohibitions on soliciting employment on certain contracts enumerated herein to persons giving information to such officials in a cri…

This part shall be known and may be cited as the “Prompt Pay Act of 1985.”

(1) As used in this part, unless the context otherwise requires:(1) “Acquire” means to derive a benefit from, whether by lease, grant, expenditure, or otherwise;(2) “Agency” means any entity of the state government, as defined in § 4-5-102;(3) “Business” means a business organiza…

An agency which acquires property or services pursuant to a contract with a business shall pay for each complete delivered item of property or service in accordance with the contract between the business and agency or, if no date or other provision for payment is specified by con…

(a) Interest shall accrue and be charged on payments overdue under § 12-4-703 at one and one-half percent (1½%) per month beginning on the day after payment is due. (b) Interest which is unpaid at the end of each sixty-day period or at the end of any specified period provided by …

An agency may not seek additional appropriations to pay interest which accrues as a result of its failure to make timely payments required by § 12-4-703.

This part is not applicable if an agency's failure to pay timely interest required by § 12-4-704 is the result of a dispute between the agency and the business over the amount due or over compliance with the contract.

(a) Upon payment by an agency, a business which has acquired under contract, property or services in connection with its contract with such agency from a subcontractor or supplier shall pay the subcontractor or supplier within thirty (30) days after receiving payment from the age…

(1) As used in this part, unless the context otherwise requires:(1) “Public construction project” means and includes a public works project as defined in the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21;(2) “Responsible bidder” means a person w…

Whenever the lowest responsible and responsive bidder on a public construction project in this state is a resident of another state which is contiguous to Tennessee and which allows a preference to a resident contractor of that state, a like reciprocal preference is allowed to th…

This part shall be known and may be cited as the “Freedom in Contracting Act.”

The purpose of this part is to prohibit public agencies from imposing certain labor and wage requirements as a condition of performing public works that are state funded in part or in whole.

(1) The state and its political subdivisions, agencies and instrumentalities thereof, when engaged in procuring products or services or letting contracts to be funded in part or in whole with state funds, shall ensure that no bid specifications, project agreements and other contr…

(a) The state and its political subdivisions, agencies and instrumentalities thereof shall not issue grants or enter into cooperative agreements for construction projects conditioned on a requirement that bid specifications, project agreements or other controlling documents perta…

Any interested party, including a bidder, offeror, contractor, subcontractor, or taxpayer, shall have standing to challenge any bid specification, project agreement, controlling document, grant or cooperative agreement that such party alleges has violated this part. Such party sh…

If compliance with this part by the state and its political subdivisions, agencies and instrumentalities, relative to a specific contract, project, or program would result in the denial of federal funds that would otherwise be available to the state and its political subdivisions…

For purposes of this part, Tennessee occupational wages report means the applicable report that is published by the department of labor and workforce development, employment security division.

The department of general services has entire charge and supervision of all printing done for each and every department or branch of government of the state, including all departmental offices and all charitable, penal, educational or reform institutions.